- Period Covered: 08/01/2003 to 07/31/2004
MESSAGE NO: 6027213
DATE: 01 27 2006
CATEGORY: ADA
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
A - 201 - 817
A - 201 - 215
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PERIOD COVERED:
08 01 2003
TO
07 31 2004
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: NOT. OF REC. OF ADD ADMIN REVIEW OF OTCG FROM MEXICO
FOR TUBOS DE ACERO DE MEXICO, S.A.(A-201-817-001
/A-201-215-001
1. THE ADMINISTRATIVE REVIEW OF THE ANTIDUMPING ORDER ON OIL
COUNTRY TUBULAR GOODS FROM MEXICO, COVERING THE PERIOD
08/01/2003 THROUGH 07/31/2004, WAS RESCINDED WITH RESPECT TO
TUBOS DE ACERO DE MEXICO, S.A. (TAMSA)
(A-201-817-001/A-201-215-001) ON 10/18/2005 (70 FR 60492).
COMMERCE DID NOT IDENTIFY ANY EVIDENCE OF U.S. TRANSACTIONS OF
OIL COUNTRY TUBULAR GOODS FROM MEXICO INVOLVING TAMSA DURING THE
AFOREMENTIONED PERIOD.
2. AS A RESULT OF COMMERCE'S CLARIFICATION OF ITS ASSESSMENT
REGULATION ON 05/06/2003 (68 FR 23954), FOR ALL SHIPMENTS OF OIL
COUNTRY TUBULAR GOODS FROM MEXICO, PRODUCED BY TAMSA, ENTERED OR
WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD
08/01/2003 THROUGH 07/31/2004, YOU ARE TO ASSESS ANTIDUMPING
DUTIES AT THE ALL OTHERS RATE.
LIQUIDATE ALL ENTRIES FOR THE
PERIOD REFERENCED ABOVE.
NOTE THAT ENTRIES OF MERCHANDISE PRODUCED BY TAMSA DURING THIS
PERIOD MAY HAVE ENTERED UNDER A-201-215-000 AND A-201-817-000.
3. NOTICE OF THE LIFTING OF THE SUSPENSION OF LIQUIDATION OF
ENTRIES OF THE MERCHANDISE FOR THE PERIOD LISTED ABOVE OCCURRED
WITH THE PUBLICATION OF THE RESCISSION OF THE ADMINISTRATIVE
REVIEW WITH RESPECT TO TAMSA (68 FR 23954, DATED 10/18/2005).
YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS OF ESTIMATED
ANTIDUMPING DUTIES FOR THE MERCHANDISE AT THE CURRENT RATES.
4.
THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER
PROTECTION ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE
PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930.
SECTION
778 REQUIRES THAT CBP PAYS INTEREST ON OVERPAYMENTS, OR ASSESSES
INTEREST ON UNDER PAYMENTS, OF THE REQUIRED AMOUNTS DEPOSITED AS
ESTIMATED ANTIDUMPING DUTIES.
THE INTEREST PROVISIONS ARE NOT
APPLICABLE TO CASH OR BONDS POSTED AS ESTIMATED ANTIDUMPING
DUTIES BEFORE THE DATE OF PUBLICATION OF THE ANTIDUMPING DUTY
ORDER.
INTEREST SHALL BE CALCULATED FROM THE DATE OF PAYMENT OF
ESTIMATED ANTIDUMPING DUTIES THROUGH THE DATE OF LIQUIDATION.
THE RATE AT WHICH SUCH INTEREST IS PAYABLE IS THE RATE IN EFFECT
UNDER SECTION 6621 OF THE INTERNAL REVENUE CODE OF 1954 FOR SUCH
PERIOD.
5. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CBP SHOULD REQUIRE
THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED
IN SECTION 351.402(f)(2) OF THE COMMERCE DEPARTMENT REGULATIONS.
THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO
LIQUIDATION OF THE ENTRY. IF THE IMPORTER CERTIFIES THAT IT HAS
AN AGREEMENT WITH THE EXPORTER TO BE REIMBURSED ANTIDUMPING
DUTIES, CBP SHOULD DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE
WITH THE ABOVE-REFERENCED REGULATION.
ADDITIONALLY, IF THE
IMPORTER DOES NOT RESPOND TO YOUR FORMAL REQUEST FOR THE
REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION, CBP SHOULD PRESUME
REIMBURSEMENT AND DOUBLE THE ANTIDUMPING DUTIES DUE.
6.
IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT
DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577 RESPECTIVELY (GENERATED BY O7: SB).
7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
CATHY SAUCEDA